6. Medidas preventivas
6.1. En las actividades de edificación
6.1.13. Demolición manual
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Each Section of the Policy has conditions and they must be read in conjunction with the following General Policy Conditions
A Alteration of Risk
We will not be liable to make any payment under this Policy if
(a) there has been any material alteration in the Premises the Business or the occupancy or duties of
You or Your Employees which increases the risk Damage or Injury
(b) Your interest ceases unless this is brought about by will or operation of law
(c) the Business is wound up or carried on by a liquidator or receiver or permanently discontinued unless We have accepted the alteration
B Cancellation
Cancellation by Insurer
We are not bound to accept any renewal of this Policy
We may cancel this Policy (or any Section of it) at any time and in any Period of Insurance by giving
21 days written notice by post to You at Your last known address
This termination will be without prejudice to any of Your or Our rights or claims prior to the expiration of such notice
Return of Premium
You will be entitled to the return of a proportionate amount of the premium corresponding to the
unexpired Period of Insurance
Provided that during the current Period of Insurance there have been
(a) no claims made under the Policy for which We have made or agreed to make a payment (b) no claims made under the Policy which are still under consideration
(c) no incidents advised that could give rise to a claim
Cancellation by Insured
You may cancel this Policy either in the first 14 days of the Period of Insurance (this is known as the
“cooling off” period) or at any other time during the Period of Insurance after the expiry of the cooling off period
Return of Premium
(a) If You elect to cancel the Policy within the cooling off period We will refund the full amount of the premium paid to You unless a claim has been made where We have made or agreed to make a payment or which is under consideration or an incident advised that could give rise to a claim when the Policy will be treated by Us as in force and no refund of premium will be made
(b) If You elect to cancel the Policy after the cooling off period has expired You must give 14 days notice in writing to Us Your insurance adviser or iprism and You will be entitled to the return of a proportionate amount of the premium corresponding to the unexpired Period of Insurance unless a claim has been made where We have made or agreed to make a payment or which is under
consideration or an incident advised that could give rise to a claim when no refund of premium for the Period of Insurance will be made
When Your premiums are paid by the iprism instalment plan
If the Policy is cancelled by Us or by You
(a) Any outstanding balance of Your loan and any additional charges levied by the finance provider in accordance with the terms and conditions of Your credit agreement will be deducted from any return of premium due to You
(b) You will become liable for the difference if the return premium is less than the balance due to the loan provider
General Policy Conditions
Certificate of Employers Liability Insurance
In relation to cancellation in any of the circumstances outlined above You shall immediately return to Us any effective Certificate(s) of Employers Liability Insurance
C Contracts (Rights of Third Parties) Act 1999
A person or company who was not a party to this Policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act
D Designation
For the purpose of determining where necessary the heading under which any property is insured We agree to accept the designation under which such property has been entered in Your books
E Fire Extinguishing Appliances
It is a condition of Sections 1 2 and 10 of this Policy that You ensure that any fire extinguishing appliances kept at Your Premises are maintained
F Identification
The Policy Schedule and any Endorsements will be read as one document A particular word or phrase which is not defined will have its ordinary meaning
G Interest Clause
The interests of third parties which You are required to include on this Policy under the terms of any mortgage property lease or hiring leasing or hire purchase agreement are automatically noted subject to
You advising Us as soon as is reasonably practicable
H Minimum Standard of Security
It is a condition precedent to Our liability that the following minimum level of security or alternative security protections agreed in writing by Us whether following a survey or otherwise is installed at the
Premises and put into effect whenever the Premises are closed for business or left unattended
Doors
1 On timber final exit doors (excluding sliding doors)
(a) if single leaf a mortice deadlock which has a minimum of 5 levers and conforms to BS3621 with matching boxed steel striking plate fitted
(b) if double leaf
(i) on the first closing leaf flush or barrel (of at least 200mm (8 inches) long) bolts fitted top and bottom in every case or key operated locks or bolts fitted top and bottom in every case
(ii) on the second closing leaf a mortice deadlock which has a minimum of 5 levers and conforms to BS3621 with matching boxed steel striking plate fitted or both parts of the door fitted with a 5 lever or 6 pin hardened steel close shackle padlock and locking bar The locking bar must be of similar strength to the padlock and designed to be used specifically with the padlock The locking bar must be secured to the door with coach bolts
General Policy Conditions
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2 All other timber external doors or internal doors giving access to any part of the Premises not solely occupied by You or to any adjoining premises (excluding sliding and/or fire exit doors)
(a) if single leaf a mortice deadlock which has a minimum of 5 levers and conforms to BS3621 with matching boxed steel striking plate fitted or key-operated mortice rack bolts fitted top and bottom
(b) if double leaf
(i) on the first closing leaf flush or barrel (of at least 200mm (8 inches) long) bolts fitted top and bottom in every case or key operated locks or bolts fitted top and bottom in every case
(ii) on the second closing leaf a mortice deadlock which has a minimum of 5 levers and conforms to BS3621 with matching boxed steel striking plate fitted or a coach bolted locking bar and padlock as described in 1 (b) above
(c) if single or double leaf and also outward opening hinge bolts fitted top and bottom 3 On external aluminium or UPVC doors (excluding sliding and fire exit doors)
cylinder key operated mortice deadlock and if double leaf flush bolts on the first closing leaf 4 On steel final exit doors and sliding final exit doors
a coach bolted locking bar and padlock as described in 1 (b) above
5 On all other steel doors and all other sliding doors (excluding sliding patio doors) a coach bolted locking bar and padlock as described in 1 (b) above
6 On sliding patio doors
a manufacturers patent key-operated locking system which engages boltwork into the doorframe either at the top and bottom of the opening section of each door or into the side frame in at least 3 points where the bolt work engages with the side frame the bolt hooks or shoot bolts must be mushroom headed
or
two key operated patio door locks fitted internally one at the top and one at the bottom of each opening section
Windows
1 On all opening external basement and ground floor windows and fanlights and other opening windows fanlights rooflights and skylights which are accessible from roofs balconies fire escapes or down pipes
key operated window locks – with the keys removed when in operation or
Solid steel bars not less than 16mm (5/8th inch) diameter and not more than 125mm (5 inches) apart weldmesh or expanded metal grilles fixed to the brickwork or masonry surrounding the window
Fire Exit Doors and Windows
1 Any door or window which is officially designated a Fire Exit by a fire authority
internally with panic bars or fire exit bolts (capable of opening at all times) together with hinge bolts top and bottom any additional devices must be approved by the local Fire Prevention Officer
General Policy Conditions
Keys
1 All keys must be removed from locks and kept in a secure place or removed from the Premises Keys to safes must be removed from the Premises or if You live on the Premises they must be removed to a secure place in the residential part of the Premises
I Non Disclosure Misrepresentation or Misdescription
This Policy will be voidable if You or anyone acting for You fails to disclose misrepresents or misdescribes any material fact
J Observance of Conditions
Your due observance and fulfilment of the terms and conditions of this Policy will be conditions
precedent to Our liability to make any payment under this Policy
K Subrogation Waiver
In the event of a claim arising under this Policy We waive any rights remedies or relief to which We might become entitled by subrogation gainst
(a) any company standing in the relation of parent to subsidiary (or subsidiary to parent) to You (b) any company which is a subsidiary of a parent company of which You are a subsidiary in each case as defined by current legislation
L Reasonable Precautions
You must
(a) maintain the Premises machinery plant and equipment in a satisfactory state of repair (b) take all reasonable precautions to prevent
(i) Damage to the Property insured
(ii) Injury to any person or Damage to their property
(c) take immediate steps to make good or remedy any defect or danger which becomes apparent or take such additional precautions as circumstances may require
(d) exercise care in the selection and supervision of Employees
(e) comply with all relevant legal requirements safety regulations and manufacturers recommendations and conduct the Business in a lawful manner
(f) keep books with a complete record of purchase and sales
M Security
It is a condition precedent to Our liability in respect of any claim resulting from Theft from the Premises or any attempt thereat that whenever the Premises are closed for Business or left unattended all locks bolts and other security devices including any intruder alarm system required by Us are put in to full and effective operation
N Unoccupancy
It is a condition precedent to Our liability that when the Premises or any part thereof become Empty
or Disused
(a) all main services are to be turned off at the mains except electricity where needed to maintain any fire or intruder alarm system in operation and the water and heating systems drained
General Policy Conditions
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(b) the Premises are to be adequately secured against unauthorised entry
(c) at least weekly internal and external inspections are to be made of the Premises by You or a responsible person acting on Your behalf
(d) any accumulations of combustible materials such as junk mail and newspapers are to be removed during each inspection of the Premises
O Subjectivity
This Policy and the Proposal declaration made by You and the Schedule should be read together and form the contract of insurance between You and Us
(a) We will clearly state in the Schedule if the cover provided by the Policy is subject to You (i) providing Us with any additional information requested by the required date(s) (ii) completing any actions agreed between You and Us by the required date(s) (iii) allowing Us to complete any actions agreed between You and Us
(b) If required by Us You must allow Us access to the Premises and/or the Business to carry out survey(s) within 60 days of the inception or renewal date unless We agree otherwise in writing If We have made cover under this Policy subject to You completing and continuing to comply with throughout the currency of the Policy all of the Risk Improvements made by Our Risk Advisor then any risk improvement requirements identified at the time of survey are to be completed within the individual timescales specified in the risk improvement report and complied with throughout the currency of this
Policy
Upon completion of these requirements (or if they are not completed by the required dates) We may at
Our option
(a) modify Your premium
(b) issue a mid-term amendment to Your Policy or Section terms and conditions (c) require You to make alterations to the Premises insured by the required date(s) (d) exercise Our right to cancel Your Policy
(e) leave the Policy or Section terms and conditions and Your premium unaltered
We will contact You with Our decision and where applicable specify the date(s) by which any action(s)
agreed needs to be completed by You and/or any decision by Us will take effect Our requirements and decisions will take effect from the date(s) specified unless and until We agree otherwise in writing If You disagree with Our requirements and/or decisions We will consider Your comments and where We consider appropriate will continue to negotiate with You to resolve the matter to Your and Our satisfaction
In the event that the matter cannot be resolved
(a) You have the right to cancel this policy from a date agreed by You and Us and providing no claims have been made We will refund a proportionate part of the premium paid for the unexpired period of cover
(b) We may at Our option exercise Our right under General Policy Condition B Cancellation Except where stated all other Policy and Section terms and conditions will continue to apply
The above conditions do not affect Our right to void the policy if We discover information material to
General Policy Conditions
P Trade Waste
It is a condition precedent to Our liability that
(a) all greasy or oily cloths are placed in metal bins enclosed by close fitting lids
(b) all trade waste is removed each day before the Premises are closed for business to a secure waste disposal area as distant as possible from any buildings where it must be kept in a metal lidded receptacle or alternatively to a designated secure storage building pending removal from Premises (c) all trade waste bins and other receptacles be emptied at least once per week
Q Non Invalidation
This insurance will not be invalidated by anything which increases the risk of Damage provided that (a) it is without Your authority or knowledge or beyond Your control
(b) You tell Us as soon as You become aware of the increased risk of Damage (c) You pay any additional premium
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